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INDEX. 559 CONSTRUCTION OF ACTS, STATUTES, &c.—Continued iting him with the commissions allowed by law to county clerks on collections made, and which commissions may have been heretofore withheld because of his delay in making his payments into the treasu- ry within the time limited by law, and with the interest upon the amount of said account," these credits to be "applied to judgments recovered by the state against said clerk, and his sureties," "but noth- ing herein contained shall relieve the defendants in said judgments from costs and the usual commissions to the state's attorney." HELD— That by the true constructions of these resolutions the credits to be allowed could not exceed the amount of the judgments mentioned in them, and no excess of such credits could be applied to the ex- tinguishment of other claims due by said cleric, to the state. Wm. S. Green's Estate, 349. 9. These credits are a gratuitous grant by the state, and such a grant must be restricted to its obvious and plain intent, and be construed most fa- vorably for the government. Ib. 10. The summary proceedings prescribed by the act of 1833, ch. 181, are not applicable to mortgages of moneyed securities and bank stock. Cronise vs. Clark et at, 403. 11. The statement verified by affidavit directed by the 3d section of the act of 1833, ch. 181, to be filed, may be filed at any time before the sale. Ib. 12. The act of 1849, ch. 224, suspending the operation of the act of limi- tations in certain cases, is prospective, and not retrospective in its op- eration. Shepherd vs. Bevans, 408. 13. The .13th section of the 15th sub ch. of the act of 1798, ch. 101, applies only to contested questions, inter partes, and not to ex parte proceed- ings. Conner vs. Ogle, 425, CONTRACTS. 1. A promise to allow a defendant a credit upon a decree against him, by which he was induced to waive his right of appeal, rests upon a good and valid consideration. Matthews vs. Merrick, 364. 2. An unqualified offer by complainants to allow the defendant a credit up- on a decree in their favor, which offer was the result of negotiations previously had between the parties to settle the matters in dispute, in a friendly manner, cannot afterwards be withdrawn by them. Ib. 3. Contracts void at law are void in equity, and are considered by the lat- ter courts, as well as the former, incapable of being made good by any subsequent acts of the parties. Cronise vs. Clark, 403. See AGREEMENTS, &c. CONTRIBUTION. See PARTITION, 3. ORPHANS COURT, 11. CO-PARCENERS. See PARTITION, 2. CORPORATIONS. See RECEIVERS, 9, 10. |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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